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(영문) 서울고등법원 2012.11.08 2012노2073
강도상해
Text

All appeals by the Defendants are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Defendant C and D (mental and physical disability) were in a state of mental disability at the time of committing the instant crime.

B. The lower court’s punishment against the Defendants (e.g., Defendant A and C: imprisonment of three years and six months; Defendant B; Defendant D’s imprisonment of four years; and Defendant D’s imprisonment of four years and six months) is too unreasonable.

2. Determination:

A. According to the evidence duly admitted and examined by the court below as to the defendant C and D's claim of mental disability, the defendant C had been hospitalized several times from 2001 to her alcohol respect. The above defendants at the time of committing the crime of this case are acknowledged to have a certain degree of drinking, but on the other hand, the details and means of the crime of this case acknowledged by each of the above evidence, the above defendants' behavior before and after the crime, and the above defendants stated at the investigative agency to a certain degree of memory and statement. In light of various circumstances, it is not deemed that the above defendants did not have reached a state where they had the ability to distinguish things or make decisions under the influence of alcohol or under the influence of alcohol at the time of committing the crime of this case. Thus, the above defendants' assertion of mental and physical disability is without merit.

B. There are circumstances considering the Defendants’ assertion of unfair sentencing regarding the Defendants’ assertion of the crime of this case: (a) both recognize the Defendants’ crime of this case and reflects the Defendants’ mistake in depth; (b) appear to be relatively insignificant in the amount of property taken by the Defendants due to the crime of this case; and (c) Defendant A and C did not directly participate in the assault against the victims; (b) however, the crime of this case is a case where the Defendants conspired to take property from the victims and inflicted bodily injury upon the victims for approximately six weeks of medical treatment; (c) the nature and criminal intent of the crime of this case are very heavy; and (d) the crime of this case appears to have suffered significant mental shock and physical pain of the victims; and (e) the Defendants up to

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